The question is an interesting one. It is presumed that the reason the client gave the incorrect name was the client must have bench warrants or a serious criminal history and didn’t want the police to know that. The question involves an analysis of confidentiality under Rule of Professional Conduct 1.6. This rule of confidentiality is far broader than traditional attorney-client privilege rules. The attorney-client privilege in Pennsylvania is by statute and deals solely with confidences and secrets. Rule 1.6 is broader precluding the revealing of any information relating to the representation of a client unless the client gives informed consent. There is an exception for disclosures that are implied or authorized in order to carry out the nature of the representation.

The enhanced confidentiality in Rule 1.6 can preclude a lawyer from revealing information that is public elsewhere. For instance, if the lawyer learns from the client that the client has criminal convictions in another jurisdiction, the lawyer cannot reveal that to the court even though this is public information in another court system. On the other hand, a lawyer cannot mislead the court if the court asks if the lawyer is aware of any other convictions. The lawyer has a choice of either consulting with the client and getting consent to reveal the information or asserting the attorney-client privilege.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]